At Will Versus Mandatory Arbitration or Appeals Book Report

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HR Discipline

One of the less than attractive parts of being a human resources professional is engaging in the discipline or even firing of employees that cannot or will not abide by the required rules and regulations that employees are required to follow. Whether it be doing the job the right way, treating colleagues with respect or other things, it is important that human resources professionals follow the right procedures and flowcharts when it comes to terminating employees. Indeed, skipping steps and/or not documenting the process, among other things, can lead to lawsuits or other headaches along the way. While problem or ineffectual employees do need to be dismissed, it is imperative that human resources professionals follow all of the required and recommended best practices while punishing or firing people.

Analysis

The assignment that is being completed via this report asks the author to compare and contrast two different disciplinary systems. For each system, it will be assessed what steps are taken before terminating an employee, how corrective measures are taken, whether the employee has a right to appeal, how the appeal process works (if it exists), whether either or both styles are best for specific industries or job types and what legal or ethical factors should be considered on termination.

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At a high level, there are basically two common methods and systems that come to mind when it comes to discipline of employees and that is union/arbitration situations and at-will employment. When it comes to unions, it is rather rare for the company to be able to unilaterally fire someone with no due process unless the action is truly egregious and severe such as employee violence or something of that nature. In short, employers have a right to say that a person needs to be done but there is an appeal or arbitration process whereby the decision is reviewed based on whether the collective bargaining agreement was followed, what corrective measures were taken prior and so forth. When it comes to such situations, all of the normal legal and ethical concerns present in an at-will disciplinary situation hold true and the collective bargaining agreement and "rules of the road" for the union and its arrangement with the employer also have to be complied with. In short, the collective bargaining agreement (in addition to the law) dictates the steps that are taken, what corrective measures can be executed, when those….....

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